This is the second case dealing with Novartis in which the Court of Appeals for the Federal Circuit has handed down a decision related to patent term. While the facts of this case, Novartis AG v. Ezra Ventures LLC,[1] are very similar to the companion case decided on the same day, Novartis Pharmaceuticals Corp. v. …
Category: disclaimer
Fed Circuit Watch: Patent Troll Thwarts Google’s Assertion of Claim Preclusion
On March 12, 2018, the Court of Appeals for the Federal Circuit delivered a ruling that will stymie Google’s efforts to shake off a pesky serial patent litigator deemed a “patent troll” by the tech press. That case is SimpleAir, Inc. v. Google LLC.[1] This is the fourth litigated iteration filed by SimpleAir against Google, …
Fed Circuit Watch: Pre-Institution Disclaimer Creates Estoppel for Patent Owner
On January 24, 2018, the Court of Appeals for the Federal Circuit ruled on Arthrex, Inc. v. Smith & Nephew, Inc.,[1] holding that the patent owner’s pre-IPR-institution statutory disclaimer resulting in an adverse judgment has the effect of estoppel against the patent owner. The facts are as follows. Smith & Nephew filed an IPR against …